Clarrie Smith and Others on Behalf of the Nharnuwangga, Wajarri and Ngarlawangga People (WC99/13)/Western Australia/Windale Nominees Pty Ltd

Case

[2000] NNTTA 83

28 February 2000

No judgment structure available for this case.

NATIONAL NATIVE TITLE TRIBUNAL

Clarrie Smith and others on behalf of the Nharnuwangga, Wajarri and Ngarlawangga People (WC99/13)/Western Australia/Windale Nominees Pty Ltd, [2000] NNTTA 83
(28 February 2000)

Application:   WO99/299
IN THE MATTER of the Native Title Act 1993 (Cth)
- and -
IN THE MATTER of objections to inclusion in an expedited procedure
Clarrie Smith and others on behalf of the Nharnuwangga, Wajarri and Ngarlawangga People (WC99/13) (Native Title Party)
- and -
The State of Western Australia (Government Party)
- and -
Windale Nominees Pty Ltd (Grantee Party)
DECISION FOR DISMISSING AN OBJECTION APPLICATION

Tribunal:       The Hon C. J. Sumner
Place:             Perth
Date:              28 May, 2022

Catchwords: Native Title – future act – objection to inclusion in an expedited procedure application – proposed grant of an exploration licence – application for exploration licence withdrawn – objection application dismissed.

Legislation:Native Title Act 1993 (Cth) s148(a)

REASONS FOR DECISION TO DISMISS OBJECTION APPLICATION

On or before 30 June 1999, the Government party gave notice of its intention to grant exploration licence 52/1446 to Windale Nominees Pty Ltd (‘the grantee party’) and included in the notice a statement that it considered that the grant attracted the expedited procedure.

On 28 October 1999, Clarrie Smith and others on behalf of the Nharnuwangga, Wajarri and Ngarlawangga People (’the native title party’) made an objection to the inclusion in an expedited procedure application to the Tribunal.

The Department of Minerals and Energy on behalf of the Government party has advised the Tribunal that on 20 January 2000, Windale Nominees Pty Ltd withdrew its application to the grant of the exploration licence.

Decision

There is no longer any proposal from the Government to do the future act and accordingly the objection application is dismissed pursuant to s148(a) of the Native Title Act 1993 (Cth) (as amended).

The Hon C. J. Sumner
Member

28 May, 2022

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